Recently, the Supreme People's Court issued ten typical cases of ecological protection on the Qinghai-Xizang Plateau.
It is understood that the ten typical cases of ecological protection on the Qinghai-Xizang Plateau include different types of litigation, such as environmental resources criminal, civil, administrative and public interest litigation, covering forest, alpine meadow, grassland, river, lake, wetland, snow mountain glacier and other ecosystem elements. It covers the protection of precious, endangered and endemic wildlife species on the Qinghai-Xizang Plateau, the provention and control of alien invasive species, the protection of the sources of major rivers and key lakes, the protection of natural reserves such as national parks, the prevention and control of mine pollution and ecological restoration, and the protection of traditional ecological and cultural heritage. It fully demonstrates the beneficial practice of the people's court in giving full play to the judicial function of environmental resources and protecting the national ecological security boundary according to law. Among the
ten cases, the sixth case is the case of illegal mining by eight people, including a cement company in Kangding, a village committee in Kangding City, Ganzi Xizangan Autonomous Prefecture, Sichuan Province, and Meng Mouan. Details of the case are as follows:
[Basic facts of the case]
At the beginning of 2019, the general manager and deputy general manager of the defendant's unit, Kangding Cement Co., Ltd. (Hereinafter referred to as a cement company), in order to solve the shortage of raw materials for the company's production, knew that the company had not obtained a mining license. In consultation with Meng Mouan, the defendant who was then the director of a village committee in Kangding City, Ganzi Xizangan Autonomous Prefecture, Sichuan Province (hereinafter referred to as a village committee), the defendant reached an intention to purchase limestone from a village that was also not qualified for mining license. During the period from March to August 2019 and from April to November 2020, 1196042.82 tons of limestone were illegally excavated in a village, with a value of 76 yuan 21528770, resulting in the destruction of large areas of original vegetation in the place where the case occurred. The People's Procuratorate of Kangding City, Sichuan Province, prosecuted eight people, including a cement company, a village committee and Meng Mouan, for illegal mining.
[Judgment Result]
The People's Court of Kangding City, Sichuan Province, held in the first instance that the persons in charge and the persons directly responsible for a cement company, a village committee and two units illegally excavated limestone without obtaining a mining license, resulting in the destruction of mineral resources, and the circumstances were particularly serious. Both the two defendant units and the eight defendants have constituted the crime of illegal mining. According to the facts of the crime, the degree of harm to society, the ability to fulfill the fine and the circumstances of voluntary appearance and confession, a cement company and a village committee were sentenced to a fine of 2 million yuan and 1 million yuan respectively, and the illegal gains were recovered; eight defendant were sentenced to five to two years'imprisonment, suspended sentences were applied to some defendant, and fines ranging from 180,000 to 50,000 yuan were imposed. After the judgment was pronounced, a cement company refused to accept the appeal, then withdrew the appeal, and the first instance judgment has taken legal effect.
[Typical Significance]
The Qinghai-Xizang Plateau is rich in various natural resources, but the carrying capacity of resources and environment is weak, so we must adhere to ecological priority, green development and strictly adhere to the national ecological security boundary. Ganzi, Sichuan Province, where the case occurred, is located in the southeastern region of the Qinghai-Xizang Plateau, known as the "Western Sichuan Plateau", which is rich in mineral resources and other natural resources such as geothermal hot springs. The defendant company and the local village committee jointly committed the crime of illegal mining, and the amount of illegal mining was huge, causing serious damage to mineral resources and huge economic losses. The people's courts severely crack down on illegal mining crimes, which has warning and educational significance for standardizing the production and operation activities of enterprises and enhancing the local people's awareness of the rule of law in ecological environment protection. At the same time, considering the level of local economic development and the situation of defendant taking the initiative to come to the case, pleading guilty and pleading guilty, probation is applied to some defendant according to law, which effectively exerts the advantages of the criminal policy of tempering justice with mercy.
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